Northern Ireland Assembly Flax Flower Logo

No. 16-09/10

MINUTE OF PROCEEDINGS

MONDAY 10 NOVEMBER 2009

The Assembly met at 10.30am, the Speaker in the Chair

 

1. Personal Prayer or Meditation

Members observed two minutes’ silence.

2. Executive Committee Business

2.1 Consideration Stage - Goods Vehicles (Licensing of Operators) Bill (NIA 15/07)

The Minister of the Environment, Mr Edwin Poots moved that the Consideration Stage of the Goods Vehicles (Licensing of Operators) Bill be agreed.

Fourteen amendments were tabled to the Bill plus a notice of intention to oppose the questions that Clause 50, Schedule 1 and Schedule 4 stand part of the bill.

The Deputy Speaker (Mr Molloy) in the Chair.

Clauses

After debate Amendments 1 and 2 to Clause 1 were made without division.

The question being put, it was agreed without division that Clause 1 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 2 and 3 stand part of the Bill.

After debate Amendments 3 and 4 to Clause 4 were made without division.

The question being put, it was agreed without division that Clause 4 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 5 stand part of the Bill.

After debate and the question being put, it was agreed without division that Clause 6 stand part of the Bill.

The question being put, it was agreed without division that Clauses 7 to 23 stand part of the Bill.

After debate Amendments 5 and 6 to Clause 24 were made without division.

The question being put, it was agreed without division that Clause 24 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 25 stand part of the Bill.

After debate Amendment 7 to Clause 26 was made without division.

The question being put, it was agreed without division that Clause 26 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 27 to 37 stand part of the Bill.

After debate Amendment 8 to Clause 38 was made without division.

The question being put, it was agreed without division that Clause 38 as amended stand part of the Bill.

After debate Amendments 9 and 10 to Clause 39 were made without division.

The question being put, it was agreed without division that Clause 39 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 40 to 49 stand part of the Bill.

After debate, the question that Clause 50 stand part of the Bill was negatived without division.

The question being put, it was agreed without division that Clause 51 stand part of the Bill.

After debate, Amendment 11 inserting a new Clause after Clause 51 was made without division.

The question being put, it was agreed without division that Clauses 52 to 54 stand part of the Bill.

After debate Amendment 12 to Clause 55 was made without division.

The question being put, it was agreed without division that Clause 55 as amended stand part of the Bill.

The question being put, it was agreed without division that Clause 56 stand part of the Bill.

After debate Amendment 13 to Clause 57 was made without division.

The question being put, it was agreed without division that Clause 57 as amended stand part of the Bill.

The question being put, it was agreed without division that Clauses 58 to 61 stand part of the Bill.

Schedules

After debate, the question that Schedule 1 stand part of the Bill was negatived without division.

The question being put, it was agreed without division that Schedule 2 stand part of the Bill.

After debate Amendment 14 to Schedule 3 was made without division.

The question being put, it was agreed without division that Schedule 3 as amended stand part of the Bill.

After debate, the question that Schedule 4 stand part of the Bill was negatived without division.

The question being put, it was agreed without division that Schedules 5 and 6 stand part of the Bill.

Long Title

The question being put, the Long Title was agreed without division.

Bill (NIA 15/07) passed Consideration Stage and stood referred to the Speaker.

2.2 Consideration Stage - Department of Justice Bill (NIA 1/09)

The deputy First Minister, Mr Martin McGuinness moved that the Consideration Stage of the Department of Justice Bill be agreed.

Six amendments were tabled to the Bill plus a notice of intention to oppose the question that Clause 2 stand part of the Bill.

Debate was suspended at 12.30pm.

Debate resumed at 2.02pm, with the Speaker in the Chair.

Debate was suspended for Question Time.

3. Question Time

3.1 Finance and Personnel

Questions were put to, and answered by, the Minister of Finance and Personnel, Mr Sammy Wilson.

4. Executive Committee Business (cont’d)

4.1 Consideration Stage - Department of Justice Bill (NIA 1/09) (cont’d)

Debate resumed on the Bill.

The Deputy Speaker (Mr McClarty) in the Chair.

The Deputy Speaker (Mr Dallat) in the Chair.

The Deputy Speaker (Mr Molloy) in the Chair.

Clauses

After debate, Amendment 1 to Clause 1 was negatived on division (Division 1).

The question being put, it was agreed without division that Clause 1 stand part of the Bill.

After debate and the question being put, it was agreed on division that Clause 2 stand part of the Bill (Division 2).

After debate, Amendment 2 inserting a new Clause was negatived on division (Division 3).

As Amendment 2 was negatived Amendments 3 and 4 inserting new Clauses were not called.

As Amendment 2 was negatived Amendment 5 to Clause 3 was not called.

The Speaker in the Chair.

After debate, Amendment 6 to Clause 3 was negatived without division.

The question being put, it was agreed without division that Clause 3 stand part of the Bill.

Schedule

The question being put, it was agreed without division that the Schedule stand part of the Bill.

Long Title

The question being put, the Long Title was agreed without division.

Bill (NIA 1/09) passed Consideration Stage and stood referred to the Speaker.

5. Adjournment

Proposed: That the Assembly do now adjourn.

[The Speaker]

The Assembly adjourned at 11.37pm

Mr William Hay
The Speaker
10 November 2009

 

NORTHERN IRELAND ASSEMBLY

10 NOVEMBER 2009

DIVISIONS

Division No. 1

Consideration Stage: Department of Justice Bill - Amendment 1 to Clause 1

Proposed: Page 1, Line 2

After ‘established’ insert ‘upon the designated day’

[Mr A Attwood]
[Mr A Maginness]
[Mrs D Kelly]

The Question was put and the Assembly divided.

Ayes: 13

Noes: 66

Ayes

Mr Attwood, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Burns, Mr Durkan, Mr Gallagher, Mrs Hanna, Mr A Maginness, Dr McDonnell, Mr McGlone, Mr O’Loan, Mr P Ramsey.

Tellers for the Ayes: Mr P J Bradley and Mr Burns.

Noes

Mr Adams, Ms Anderson, Mr Armstrong, Mr Beggs, Mr Boylan, Mr Brady, Mr Bresland, Mr Brolly, Lord Browne, Mr Buchanan, Mr Butler, Mr T Clarke, Mr W Clarke, Mr Cobain, Mr Craig, Mr Cree, Mr Easton, Mr Elliott, Dr Farry, Mr Ford, Mrs Foster, Mr Gardiner, Ms Gildernew, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr G Kelly, Mr Kennedy, Mr Kinahan, Ms Lo, Mrs Long, Mr Lunn, Mr A Maskey, Mr McCallister, Mr F McCann, Ms J McCann, Mr McCartney, Mr McElduff, Mr McFarland, Mrs McGill, Mr M McGuinness, Miss McIlveen, Mr McKay, Mr McLaughlin, Lord Morrow, Mr Moutray, Mr Murphy, Mr Neeson, Mr Newton, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr Paisley Jnr, Mr Poots, Ms S Ramsey, Mr G Robinson, Mr K Robinson, Rt Hon P Robinson, Mr Ross, Ms Ruane, Mr Savage, Mr Shannon, Mr Spratt, Mr Storey, Mr Weir, Mr B Wilson.

Tellers for the Noes: Ms S Ramsey and Mr Spratt.

Amendment No. 1 to Clause 1 fell.

 

NORTHERN IRELAND ASSEMBLY

10 NOVEMBER 2009

DIVISIONS

Division No. 2

Consideration Stage: Department of Justice Bill – Opposition to Clause 2

Proposed: The Members listed below give notice of their intention to oppose the question that clause 2 stand part of the Bill.

[Mr A Attwood]
[Mr A Maginness]
[Mr M Durkan]
[Mrs D Kelly]

The Question was put and the Assembly divided.

Ayes: 54

Noes: 25

Ayes

Mr Adams, Ms Anderson, Mr Boylan, Mr P J Bradley, Mr Brady, Mr Bresland, Mr Brolly, Lord Browne, Mr Buchanan, Mr Burns, Mr Butler, Mr T Clarke, Mr W Clarke, Mr Craig, Mr Easton, Dr Farry, Mr Ford, Mrs Foster, Ms Gildernew, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr G Kelly, Ms Lo, Mrs Long, Mr Lunn, Mr A Maskey, Mr F McCann, Ms J McCann, Mr McCartney, Mr McElduff, Mrs McGill, Mr M McGuinness, Miss McIlveen, Mr McKay, Mr McLaughlin, Lord Morrow, Mr Moutray, Mr Murphy, Mr Neeson, Mr Newton, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr Paisley Jnr, Mr Poots, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Ms Ruane, Mr Shannon, Mr Storey, Mr Weir, Mr B Wilson.

Tellers for the Ayes: Mr P J Bradley and Mr Burns.

Noes

Mr Armstrong, Mr Attwood, Mr Beggs, Mr D Bradley, Mrs M Bradley, Mr Cobain, Mr Cree, Mr Durkan, Mr Elliott, Mr Gallagher, Mr Gardiner, Mrs Hanna, Mr Kennedy, Mr Kinahan, Mr A Maginness, Mr McCallister, Dr McDonnell, Mr McFarland, Mr McGlone, Mr O’Loan, Mr P Ramsey, Ms S Ramsey, Mr K Robinson, Mr Savage, Mr Spratt.

Tellers for the Noes: Ms S Ramsey and Mr Spratt.

Clause 2 stands part of the Bill.

 

NORTHERN IRELAND ASSEMBLY

10 NOVEMBER 2009

DIVISIONS

Division No. 3

Consideration Stage: Department of Justice Bill - Amendment 2

Proposed: New Clause

After clause 2 insert -

‘Duty of First Minister and deputy First Minister to report on certain matters

2A. The First Minister and deputy First Minister acting jointly shall make a report orally and in writing to the Assembly within seven days of the commencement of this section ¾

(a) outlining the functions that the Department of Justice is to exercise;

(b) explaining the provisions of paragraph 8 of Schedule 1 to the 2009 Act and, in particular, in the event that the Department of Justice is dissolved on 1 May 2012, the consequences of such dissolution for the exercise of the functions that the Department of Justice is to exercise, including such functions as may be conferred on the Department of Justice relating to ¾

(i) the imprisonment of offenders;

(ii) the compensation of victims of crime;

(iii) the provision of services in relation to forensic science;

(iv) the provision of services in relation to youth justice.

(c) explaining that paragraph 8 of Schedule 1 to the 2009 Act does not apply if the ministerial office of the minister to be in charge of the Department of Justice is filled under section 18 of the 1998 Act;

(d) explaining that the ministerial office of the minister to be in charge of the Department of Justice will be filled under section 18 of the 1998 Act if the Assembly fails within seven days of the date of the making of the report to approve a resolution endorsing the arrangement under section 2 of this Act for the appointment of the minister to be in charge of the Department of Justice.’

[Mr A Attwood]
[Mr A Maginness]
[Mrs D Kelly]

The Question was put and the Assembly divided.

Ayes: 23

Noes: 54

Ayes

Mr Armstrong, Mr Attwood, Mr D Bradley, Mrs M Bradley, Mr P J Bradley, Mr Burns, Mr Cobain, Mr Cree, Mr Durkan, Mr Elliott, Mr Gallagher, Mrs Hanna, Mr Kennedy, Mr Kinahan, Mr A Maginness, Mr McCallister, Dr McDonnell, Mr McFarland, Mr McGlone, Mr O’Loan, Mr P Ramsey, Mr K Robinson, Mr Savage.

Tellers for the Ayes: Mr P J Bradley and Mr Burns.

 

Noes

Mr Adams, Ms Anderson, Mr Boylan, Mr Brady, Mr Bresland, Mr Brolly, Lord Browne, Mr Buchanan, Mr Butler, Mr T Clarke, Mr W Clarke, Mr Craig, Mr Easton, Dr Farry, Mr Ford, Mrs Foster, Ms Gildernew, Mr Hamilton, Mr Hilditch, Mr Irwin, Mr G Kelly, Ms Lo, Mrs Long, Mr Lunn, Mr A Maskey, Mr F McCann, Ms J McCann, Mr McCartney, Mr McElduff, Mrs McGill, Mr M McGuinness, Miss McIlveen, Mr McKay, Mr McLaughlin, Lord Morrow, Mr Moutray, Mr Murphy, Mr Neeson, Mr Newton, Ms Ní Chuilín, Mr O’Dowd, Mrs O’Neill, Mr Paisley Jnr, Mr Poots, Ms S Ramsey, Mr G Robinson, Rt Hon P Robinson, Mr Ross, Ms Ruane, Mr Shannon, Mr Spratt, Mr Storey, Mr Weir, Mr B Wilson.

Tellers for the Noes: Ms S Ramsey and Mr Spratt.

Amendment 2 fell.

GOODS VEHICLES (LICENSING OF OPERATORS) BILL

MARSHALLED LIST OF AMENDMENTS

CONSIDERATION STAGE

Tuesday 10 November 2009

Amendments tabled up to 9.30am Thursday, 5 November 2009

_______________________________________________________________

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1

Clause 1 , Page 1, Line 10

Leave out ‘within the meaning given in Schedule 1’

Minister of the Environment

Amendment 2

Clause 1 , Page 1, Line 16

At end insert -

‘(2A) For the purposes of subsection (2)(a) a goods vehicle is a small goods vehicle if ¾

(a) it does not form part of a vehicle combination and ¾

(i) it has a relevant plated weight not exceeding 3.5 tonnes, or

(ii) in the case of a vehicle which does not have a relevant plated weight, it has an unladen weight not exceeding 1525 kilograms; or

(b) it forms part of a vehicle combination and complies with such conditions as may be prescribed;

and “relevant plated weight” in paragraph (a) means a plated weight of the description specified in relation to that paragraph by regulations.’

Minister of the Environment

Amendment 3

Clause 4 , Page 4, Line 4

At end insert ‘(if any)’

Minister of the Environment

Amendment 4

Clause 4 , Page 4, Line 5

After ‘fee’ insert ‘(if any)’

Minister of the Environment

Amendment 5

Clause 24 , Page 20, Line 36

Leave out subsection (3)

Minister of the Environment

Amendment 6

Clause 24 , Page 20, Line 39

Leave out ‘subsection (3)’ and insert ‘section 26(1)’

Minister of the Environment

Amendment 7

Clause 26 , Page 22, Line 17

After ‘first’ insert ‘giving the holder of the licence or (as the case may be) the person concerned notice that it is considering doing so and’

Minister of the Environment

Amendment 8

Clause 38 , Page 29, Line 11

Leave out paragraph (c)

Minister of the Environment

Amendment 9

Clause 39 , Page 30, Line 10

Leave out ‘or paragraph 4(1) of Schedule 4’

Minister of the Environment

Amendment 10

Clause 39 , Page 30, Line 16

Leave out ‘or paragraph 4(1) of Schedule 4’

Minister of the Environment

Clause 50

The Minister of the Environment gives notice of his intention to oppose the question that clause 50 stand part of the Bill.

Minister of the Environment

Amendment 11

New Clause

 

After clause 51 insert -

‘Payment of grants

51A . - (1) The Department may, with the approval of the Department of Finance and Personnel, pay such grants to such persons or bodies as it considers appropriate in connection with any provision of, or the purposes of, this Act.

(2) Grants under this section shall be subject to such terms and conditions as the Department may, with the approval of the Department of Finance and Personnel, determine.’

Minister of the Environment

Amendment 12

Clause 55 , Page 36, Line 19

Leave out ‘commissioners’ and insert ‘authority’

Minister of the Environment

Amendment 13

Clause 57 , Page 38, Line 17

After ‘section’ insert ‘1(2)(d), 12(12) or’

Minister of the Environment

Schedule 1

The Minister of the Environment gives notice of his intention to oppose the question that Schedule 1 stand part of the Bill.

Minister of the Environment

Amendment 14

Schedule 3 , Page 47, Line 29

Leave out from ‘for’ to end of line 30 and insert -

‘authorising a vehicle detained by virtue of paragraph 1 to be returned to the owner, in prescribed circumstances, without the need for any application under paragraph 8.’

Minister of the Environment

Schedule 4

The Minister of the Environment gives notice of his intention to oppose the question that Schedule 4 stand part of the Bill.

Minister of the Environment

 

DEPARTMENT OF JUSTICE BILL

MARSHALLED LIST OF AMENDMENTS

CONSIDERATION STAGE

Tuesday 10 November 2009

Amendments tabled up to 9.30am Thursday, 5 November 2009

_______________________________________________________________

The Bill will be considered in the following order-

Clauses, Schedule and Long Title

Amendment 1

Clause 1 , Page 1, Line 2

After ‘established’ insert ‘upon the designated day’

Mr Alex Attwood
Mr Alban Maginness
Mrs Dolores Kelly

Clause 2

The Members listed below give notice of their intention to oppose the question that clause 2 stand part of the Bill.

Mr Alex Attwood
Mr Alban Maginness
Mr Mark Durkan
Mrs Dolores Kelly

Amendment 2

New Clause

After clause 2 insert -

‘Duty of First Minister and deputy First Minister to report on certain matters

2A. The First Minister and deputy First Minister acting jointly shall make a report orally and in writing to the Assembly within seven days of the commencement of this section -

(a) outlining the functions that the Department of Justice is to exercise;

(b) explaining the provisions of paragraph 8 of Schedule 1 to the 2009 Act and, in particular, in the event that the Department of Justice is dissolved on 1 May 2012, the consequences of such dissolution for the exercise of the functions that the Department of Justice is to exercise, including such functions as may be conferred on the Department of Justice relating to ¾

(i) the imprisonment of offenders;

(ii) the compensation of victims of crime;

(iii) the provision of services in relation to forensic science;

(iv) the provision of services in relation to youth justice.

(c) explaining that paragraph 8 of Schedule 1 to the 2009 Act does not apply if the ministerial office of the minister to be in charge of the Department of Justice is filled under section 18 of the 1998 Act;

(d) explaining that the ministerial office of the minister to be in charge of the Department of Justice will be filled under section 18 of the 1998 Act if the Assembly fails within seven days of the date of the making of the report to approve a resolution endorsing the arrangement under section 2 of this Act for the appointment of the minister to be in charge of the Department of Justice.’

Mr Alex Attwood
Mr Alban Maginness
Mrs Dolores Kelly

Amendment 3

New Clause

After clause 2 insert -

‘ Consequences of failure to report or endorse arrangement under section 2

2B. If -

(a) the First Minister and deputy First Minister acting jointly fail to make the report referred to in section 2A within seven days of the commencement of this section, or

(b) the Assembly fails within seven days of the date of the making of that report to approve a resolution endorsing the arrangement under section 2 of this Act for the appointment of the minister to be in charge of the Department of Justice

then section 2 of this Act shall be repealed as of the date of the expiry of that period.’

Mr Alex Attwood

Amendment 4

New Clause

After clause 2 insert -

‘Interpretation

2C. In this Act -

“designated day” means -

(a) if the First Minister and deputy First Minister acting jointly fail to make the report referred to in section 2A within seven days of the commencement of this section, the next day following the day upon which that period expires;

(b) if the Assembly fails within seven days of the date of the making of that report to approve a resolution endorsing the arrangement under section 2 of this Act for the appointment of the minister to be in charge of the Department of Justice, the next day following the day upon which that period expires;

(c) the next day following the day of the approval of the resolution by the Assembly referred to in section 2B(b);

whichever is the earlier.

“the 1998 Act” means the Northern Ireland Act 1998;

“the 2009 Act” means the Northern Ireland Act 2009.’

Mr Alex Attwood
Mr Alban Maginness
Mrs Dolores Kelly

Amendment 5

Clause 3 , Page 2, Line 6

Leave out subsection (2) and insert -

‘(2) Subject to subsection (3), sections 1, 2, 2A, 2B and 2C come into operation upon receipt of Royal Assent.

(3) Sections 1(3), 1(4) and 1(5) and the Schedule shall come into operation on the designated day.’

Mr Alex Attwood

Amendment 6

Clause 3 , Page 2, Line 6

Leave out from ‘such’ to end and insert ‘7 December 2009.’

Mr Alex Attwood
Mr Alban Maginness
Mr Mark Durkan
Mrs Dolores Kelly

 

NORTHERN IRELAND ASSEMBLY

PAPERS PRESENTED TO THE ASSEMBLY ON

10 NOVEMBER 2009

1. Acts of the Northern Ireland Assembly

2. Bills of the Northern Ireland Assembly

3. Orders in Council

4. Publications Laid in the Northern Ireland Assembly

5. Assembly Reports

6. Statutory Rules

(The Department identified after each rule is for reference purposes only)

S.R. 2009/358 The Public Service Vehicles (Conditions of Fitness, Equipment and Use) (Amendment No. 2) Regulations ( Northern Ireland) 2009 (DOE)

S.R. 2009/365 The Occupational and Personal Pension Schemes (Authorised Payments) Regulations ( Northern Ireland) 2009 (DSD)

For Information Only:

7. Written Ministerial Statements

8. Consultation Documents

Public Transport Reform Consultation, November 2009 (DRD)

9. Departmental Publications

10. Agency Publications

11. Westminster Publications

12. Miscellaneous Publications


Northern Ireland Assembly Legislation:

Stages in Consideration of Public Bills

First Stage: Introduction of Bill
Second Stage: General debate of the Bill with an opportunity for Members to vote on its general principles
Committee Stage: Detailed investigation by a Committee which concludes with the publication of a report for consideration by the Assembly.
Consideration Stage: Consideration by the Assembly of, and an opportunity for Members to vote on, the details of the Bill including amendments proposed to the Bill.
Further Consideration Stage: Consideration by the Assembly of, and an opportunity for Members to vote on, further amendments to the Bill.
Final Stage: Passing or rejecting of Bill by the Assembly, without further amendment.
Royal Assent

Proceedings as at 10 NOVEMBER 2009

Session 2009-2010

Executive Bills

Title & Bill Number
First Stage
Second Stage
Committee Stage due to Conclude
Committee Report Ordered to be Printed
Consideration Stage
Further Consideration Stage
Final Stage
Royal Assent
*Goods Vehicles (Licensing of Operators) Bill NIA Bill 15/07
12.05.08
20.05.08
12.12.08
04.12.08
10.11.09
*Civil Registration Bill NIA Bill 20/07
17.06.08
01.07.08
20.03.09
18.03.09
*Diseases of Animals Bill NIA Bill 22/07
30.06.08
15.09.08
17.02.09
13.02.09
*Education Bill NIA Bill 3/08
25.11.08
08.12.08
30.09.09
30.09.09
*Financial Provisions Bill NIA Bill 6/08
23.02.09
03.03.09
13.05.09
13.05.09
03.11.09
*Housing (Amendment) Bill NIA Bill 7/08
09.06.09
23.06.09
1.12.09
*Employment Bill NIA Bill 9/08
22.06.09
30.06.09
9.11.09
*Local Government (Miscellaneous Provisions) Bill NIA Bill 10/08
22.06.09
30.06.09
26.10.09
15.10.09
*Forestry Bill NIA Bill 11/08
29.06.09
15.09.09
02.03.10
Department of Justice Bill NIA Bill 1/09
14.09.09
22.09.09
10.11.09
21.10.09
10.11.09
/Rates (Amendment) Bill NIA Bill 2/09
14.09.09
22.09.09
N/A
N/A
29.09.09
6.10.09
13.10.09
3.11.09
Water and Sewerage Services (Amendment) Bill NIA Bill 3/09
21.09.09
29.09.09
19.01.10

Session 2009-2010

Non-Executive Bills

Title & Bill Number
First Stage Second Stage Committee Stage due to Conclude Committee Report Ordered to be Printed Consideration Stage Further Consideration Stage Final Stage Royal Assent
*Carers Allowance Bill NIA Bill 13/07
31.03.08
             
*Community Use of School Premises Bill NIA Bill 1/08
13.10.08
             

* Bill carried over from 2008-2009 by the Assembly as Royal Assent had not been achieved.
/ Bill progressing by accelerated passage